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S.I. No. 23/2020 - European Union (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) (Amendment) Regulations 2020

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 31st January, 2020.

I, RICHARD BRUTON, Minister for Communications, Climate Action and Environment, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving effect to Commission Delegated Directives (EU) 2019/169, (EU) 2019/170, (EU) 2019/171, (EU) 2019/172, (EU) 2019/173, (EU) 2019/174, (EU) 2019/175, (EU) 2019/176 and (EU) 2019/177 of the European Parliament and of the Council of 16 November 2018 and (EU) 2019/1845 and (EU) 2019/1846 of the European Parliament and of the Council of 8 August 2019 amending, for the purposes of adapting to scientific and technical progress Annex III to Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment hereby make the following Regulations:

Citation

1. These Regulations may be cited as the European Union (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) (Amendment) Regulations 2020.

Purpose of Regulations

2. The purposes for which these Regulations are made include the purpose of giving effect to the provisions of Commission Delegated Directives (EU) 2019/169, (EU) 2019/170, (EU) 2019/171, (EU) 2019/172, (EU) 2019/173, (EU) 2019/174, (EU) 2019/175, (EU) 2019/176 and (EU) 2019/177 of the European Parliament and of the Council of 16 November 2018 and (EU) 2019/1845 and (EU) 2019/1846 of the European Parliament and of the Council of 8 August 2019 amending, for the purposes of adapting to scientific and technical progress Annex III to Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment.

Amendment of Definition

3. Regulation 3(1) of the European Union (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) Regulations 2012 ( S.I. No. 513 of 2012 ) is amended by substituting for the definition of “the Directive” the following:

“ “the Directive” means European Parliament and Council Directive 2011/65/EU on the restriction of the use of certain hazardous substances in electrical and electronic equipment, as amended by Commission Delegated Directives 2012/50/EU and 2012/51/EU of 10 October 2012 and Commission Delegated Directives 2014/1/EU, 2014/2/EU, 2014/3/EU, 2014/4/EU, 2014/5/EU, 2014/6/EU, 2014/7/EU, 2014/8/EU, 2014/9/EU, 2014/10/EU, 2014/11/EU, 2014/12/EU, 2014/13/EU, 2014/14/EU, 2014/15/EU and 2014/16/EU of 18 October 2013 and Commission Delegated Directives 2014/69/EU, 2014/70/EU, 2014/71/EU, 2014/72/EU, 2014/73/EU, 2014/74/EU, 2014/75/EU and 2014/76/EU of 13 March 2014 and Commission Delegated Directives (EU) 2015/573 and (EU) 2015/574 of the European Parliament and of the Council of 30 January 2015 and Commission Delegated Directive (EU) 2015/863 of the European Parliament and of the Council of 31 March 2015 and Commission Delegated Directive (EU) 2016/585 of the European Parliament and of the Council of 12 February 2016 and Commission Delegated Directives (EU) 2016/1028 and (EU) 2016/1029 of the European Parliament and of the Council of 19 April 2016 and Commission Delegated Directives (EU) 2017/1975 of the European Parliament and of the Council of 7 August 2017 and (EU) 2017/1011 of the European Parliament and of the Council of 15 March 2017 and Commission Delegated Directives (EU) 2017/1010 and (EU) 2017/1009 of the European Parliament and of the Council of 13 March 2017 and Directive (EU) 2017/2102 of the European Parliament and of the Council of 15 November 2017 and Commission Delegated Directives (EU) 2018/736, (EU) 2018/737 and (EU) 2018/738 of the European Parliament and of the Council of 27 February 2018 and Commission Delegated Directives (EU) 2018/739, (EU) 2018/740, (EU) 2018/741 and (EU) 2018/742 of the European Parliament and of the Council of 1 March 2018 and Commission Delegated Directive (EU) 2019/178 of the European Parliament and of the Council of 16 November 2018 and Commission Delegated Directives (EU) 2019/169, (EU) 2019/170, (EU) 2019/171, (EU) 2019/172, (EU) 2019/173, (EU) 2019/174, (EU) 2019/175, (EU) 2019/176, (EU) 2019/177 of 16 November 2018 and Commission Delegated Directives (EU) 2019/1845 and (EU) 2019/1846 of 8 August 2019;”.

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GIVEN under my Official Seal,

29 January 2020.

RICHARD BRUTON

Minister for Communications, Climate Action and Environment.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations amend the European Union (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) Regulations 2012 ( S.I. No. 513 of 2012 ) in order to give effect to the provisions of the following Commission Delegated Directives:

a) Commission Delegated Directive (EU) 2019/169 of 16 November 2018 amending, for the purposes of adapting to scientific and technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for lead in dielectric ceramic in certain capacitors

b) Commission Delegated Directive (EU) 2019/170 of 16 November 2018 amending, for the purposes of adapting to scientific and technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for lead in PZT based dielectric ceramic materials for certain capacitors

c) Commission Delegated Directive (EU) 2019/171 of 16 November 2018 amending, for the purposes of adapting to scientific and technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for cadmium and its compounds in electrical contacts

d) Commission Delegated Directive (EU) 2019/172 of 16 November 2018 amending, for the purposes of adapting to scientific and technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for lead in solders to complete a viable electrical connection between semiconductor die and carrier within integrated circuit flip chip packages

e) Commission Delegated Directive (EU) 2019/173 of 16 November 2018 amending, for the purposes of adapting to scientific and technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for lead and cadmium in printing inks for the application of enamels on glasses

f) Commission Delegated Directive (EU) 2019/174 of 16 November 2018 amending, for the purposes of adapting to scientific and technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for lead bound in crystal glass as defined in Directive 69/493/EEC

g) Commission Delegated Directive (EU) 2019/175 of 16 November 2018 amending, for the purposes of adapting to scientific and technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for lead oxide in seal frit used for making window assemblies for certain laser tubes

h) Commission Delegated Directive (EU) 2019/176 of 16 November 2018 amending, for the purposes of adapting to scientific and technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for lead in the plating layer of certain diodes

i) Commission Delegated Directive (EU) 2019/177 of 16 November 2018 amending, for the purposes of adapting to scientific and technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for lead as activator in the fluorescent powder of discharge lamps containing phosphors

j) Commission Delegated Directive (EU) 2019/1845 of 8 August 2019 amending, for the purposes of adapting to scientific and technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for bis(2-ethylhexyl) phthalate (DEHP) in certain rubber components used in engine systems

k) Commission Delegated Directive (EU) 2019/1846 of 8 August 2019 amending, for the purposes of adapting to scientific and technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for lead in solders used in certain combustion engines